PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are accused nos. 1 and 2 in a Sessions Case. They were tried along with accused Nos. 3 to 7 by the Additional Sessions Court for offences under S.8 and S.55(g) of Abkari Act and S.143, S.147, S.148, S.506, S.353 and 149 of Indian Penal Code ('IPC' for short). After the trial, accused nos. 1 and 2 alone were convicted for offences under S.143, S.148, S.353 and S.506 of Indian Penal Code.

(2.) The appellants were also sentenced to undergo rigorous imprisonment for 3 (three) months under S.143 IPC, rigorous imprisonment for 1 (one) year under 148 IPC, rigorous imprisonment for 1 year and a fine of Rs.2,000/- (Two thousand only) each under S.353 IPC and rigorous imprisonment for 1 year under S.506 IPC. Substantive sentence of imprisonment was ordered to run concurrently and in default of payment of fine, accused was sentenced to undergo rigorous imprisonment for a further period of two months. Set off was also allowed.

(3.) According to prosecution, on 26/05/1998, while PW 1, the Excise Inspector, attached to the Haripad Excise Circle Office was on patrol duty along with PW 2, the Excise Guard and others, they found a tin containing liquid jaggery and also 750 ml of arrack in a paddy field near the house of the accused. The articles were seized under a mahazar and they proceeded further on patrol duty.